In the Cortez Braham case, the NCAA threatens a ‘recovery rule’ against Memphis

The NCAA intends to pursue an eligibility case. Cortez Braham, a former Memphis football receiver, filed the lawsuit against the organization while he was preparing for the 2026 NFL Draft.

After the 2025 season, Braham’s lawyers filed a motion to dismiss the NCAA’s appeal of a preliminary injunction that would have made Braham eligible to play for Memphis in 2025.

The lawyers argued that the dismissal should be overturned because the case was controversial, given that the season and Braham‘s collegiate career had ended.

But the NCAA did not agree.

The outcome of the case could now directly impact Memphis.

In a Feb. 6 filing, the NCAA argued that the issue is not moot. The NCAA’s lawyers said in the filing that they wanted to keep the lawsuit going because the ban stopped them from enforcing the “rule of restitution” against Memphis.

Although the lawsuit was filed before Braham committed to Memphis (he played at Nevada in 2024 and didn’t choose to transfer to Memphis until after the ban was granted in July), the filing marks the first time Memphis has been tied to the lawsuit in any way.

The NCAA listed four “potential” actions it could take against Braham and Memphis if the ban is lifted:

• Brahma’s individual records or performances remain blank or void.

• Empty team wins from season (Memphis went 8-5)

• Force Braham to return any awards he won that season

• Assess a “monetary” penalty to Memphis

Memphis did not immediately respond to a request for comment.

In a response filed the same day in a separate eligibility case (Martinson v. NCAA), the NCAA made the same argument. In that case, NCAA lawyers wrote that they wanted to apply the reinstatement rule against San Diego State, where defensive lineman Tatuo Martinson played in 2025 after two seasons at UNLV.

The filing doesn’t say exactly what the NCAA would do in this situation. For the NCAA to assess a penalty against Memphis, a judge must deny Braham’s motion to dismiss the case, and the NCAA must ultimately prevail in the next phase of the case.

Oral arguments are currently scheduled for March.

<NCAA Attorney cited a Nov. 13 letter sent to NCAA institutions, in which the NCAA Board of Governors essentially instructed athletic departments not to recruit players who had become ineligible due to the court action.>

“Coaches and other athletics department officials who encourage and even support these lawsuits to benefit only one student-athlete are undermining the rules their schools have voted to approve and abide by and denying future student-athletes a meaningful opportunity to compete,” the letter states.

Braham’s journey to Memphis was unique. He played two seasons at Hutchinson Community College in Kansas before trying to transfer to West Virginia but was 0.1 GPA point away from meeting admissions criteria. He spent another year at Hutchinson working on his grades, then transferred to West Virginia in 2022. He spent two seasons there before transferring to Nevada, where he played a key role in 2024.

After the 2024 season, Braham asked Nevada to file a waiver with the NCAA on his behalf, but attorneys wrote in multiple legal filings that Nevada declined to do so. Braham sued the NCAA, arguing he should get one final year of eligibility, and a judge granted a preliminary injunction.

Braham’s case is significantly different than the more publicised one involving former Vanderbilt quarterback Diego Pavia because it relies on the NCAA’s five-year clock and not because Braham began his career at the junior college level.

Braham filled a big void for the Tigers in 2025. They entered training camp without a clear-cut top receiver, and though he joined the team just two weeks before the season started, he quickly assumed the role. He caught 63 passes for 889 yards and four touchdowns on the season while the lawsuit was still active.

“I think it didn’t really hit me in that direction,” said Dr Brahma during the season. “I approach each day as it comes and focus on the present.” I’m hoping it helps other college athletes in my situation. I have friends who are going through the same challenges. I hope it helps many others and brings about positive change. But I just keep my head down, just keep working.”

The NCAA has faced a seemingly never-ending stream of eligibility cases over the past few years. On February 12, a Mississippi judge granted Ole Miss quarterback Trinidad Chambliss an additional year of eligibility. A ruling is expected soon on a similar challenge for Tennessee quarterback Joey Aguilar as he seeks another year of eligibility.